15 March 2003
Child abuse verdicts unsafe
Ex-carers at boys' home have convictions
quashed
By Bob Woffinden
Two former Merseyside care home workers, imprisoned
for serious sexual offences against boys in their care, yesterday had their
convictions quashed by the court of appeal.
Basil Williams-Rigby, 57, was convicted of 22 counts
of abuse and jailed for 12 years in August 1999. Michael Lawson, 62, who
served with Liverpool police for 15 years before becoming a social worker,
was convicted of 17 counts of indecent assault and jailed for seven years
in June 2000.
Both men are former colleagues of David Jones, now
the Wolverhampton Wanderers manager, whose trial on similar charges in
December 2000 collapsed after evidence that complainants had fabricated
the allegations to secure large sums in compensation.
The home at which the men worked cannot be named
for legal reasons.
Lord Justice Kennedy, who heard the appeals last
month together with Mr Justice Crane and Mr Justice McCombe, noted that
in both instances the crown case had depended on "the evidence of complainants,
all of whom, by the time they gave evidence, had criminal records".
He said in the case of Mr Williams-Rigby, fresh evidence
had "undermined the evidence of two of the complainants", and as a result
all the convictions were unsafe.
A new witness, Wade Walsh, testified for Mr Lawson
that another complainant had told him he was "brassed off" with the failure
of the prosecution of Mr Jones, as he had been hoping to win compensation.
The complainant also said he had fabricated his evidence against Mr Lawson
to obtain money for a sex-change operation.
The judges noted the jury in the Lawson trial was
told "91 members of staff were under investigation and 20 had been arrested".
In almost all cases, the inquiries were discontinued and the charges dropped.
Chris Saltrese, solicitor for Mr Williams-Rigby said:
"The convictions have been tragedies for both men. They have been stuck
away in prison for more than three years for offences that never happened."
The conviction of Mr Williams-Rigby led directly
both to the formation of Fact (False Allegations against Carers and Teachers),
a north-west campaign, and to the involvement of Claire Curtis-Thomas,
MP for Crosby.
The convictions of both Mr Williams-Rigby and Mr
Lawson were obtained as a result of a Operation Care, in which police contacted
former residents of the care home. Merseyside police said it was scrapping
Operation Care last month, a day after the Williams-Rigby/ Lawson appeals.
"These investigations have been a huge waste of public
resources," said Mr Saltrese, who acts for several of those charged with
abuse as a result of police "trawling".
"The continuing tragedy is that there are dozens
of people in the same position - doing prison sentences for phantom crimes.
You have teams of detectives working to uncover crimes that never happened."
The mounting concern led to an inquiry by the Commons
home affairs select committee. Its report, published last October and now
being studied by the Home Office, concluded that police trawling had led
to "a new genre of miscarriage of justice".
Ms Curtis-Thomas said: "The vast majority of men
with whom we are concerned have been jailed for up to 18 years solely on
the verbal evidence of complainants who are either prisoners or are already
known to the police, concerning events alleged to have taken place up to
40 years ago."
"We are worried that the police have unfettered and
unmonitored access to so vulnerable and corruptible a group of witnesses."
Next week the MP will present a dossier of 30 cases
of concern to the criminal cases review commission. |